CHAPTER 55

CANCELLATION OF STATE AND COUNTY BONDS

AN ACT TO AMEND CHAPTER 11 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, RELATING TO CANCELLATION OF BONDS OF STATE AND COUNTY OFFICERS AFTER EXPIRATION OF TERM OF OFFICE BY PROVIDING FOR THE FILING OF A PETITION TO THE SUPERIOR COURT AND THE PUBLICATION OF SAID PETITION BEFORE HEARING THEREON.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 11 of the Revised Code of Delaware, 1935, be and the same is hereby amended by repealing 351. Sec. 6, and 352. Sec. 7, thereof, and by inserting in lieu of said Sections the following, to be known as 351. Sec. 6, and 352, Sec. 7:

351. Section 6. At any time after the expiration of the term of office of any State or County officer in this State, who is required by law to give bond or other obligation with surety for the faithful performance of his duties as such officer, such officer may present a petition to the Superior Court of the particular county in which said bond or other obligation is filed or recorded, in term time or in vacation, in such form as shall be prescribed by the said Court, stating all of the facts proper and necessary to lay before the said Court and the reasons for asking that the said bond or other obligation theretofore entered into by such officer should be cancelled and satisfied of record. Before any hearing shall be had upon said petition, the petitioner shall cause a copy of said petition to be published in one or more newspapers published in the said County, at least once a week for three successive weeks, and in addition thereto the said Court may require such additional notice of the filing of said petition as in its opinion shall be deemed advisable.

CANCELLATION OF STATE AND COUNTY BONDS

352. Section 7. Upon the presentation of any such petition, by said such officer, as stated in Section 6 of this Chapter, to the Superior Court of the particular County as aforesaid, said Court shall inquire into all the facts and circumstances of the particular case; and, if satisfied from the evidence presented that the said officer has performed all of the duties lawfully required of him, and has properly accounted for all monies or other property or things of value coming into his hands as such officer, and there are no reasons why the bond or other official obligation of such officer should not be cancelled and satisfied of record; then, and under such circumstances, the said Court may in its discretion make an order that said bond or other official obligations of such officer be cancelled, and that the Recorder of Deeds of the County where the said bond or other official obligation is recorded shall mark the same satisfied of record.

Approved March 7, 1947.